Love passed, and the former spouses parted. But it also happens that the husband still remains registered in the apartment where his ex-wife remained to live. In this case, the question of an extract arises, since its presence affects utility bills or slows down the process of selling an apartment. It is quite possible to write a non-living ex-husband out of the apartment.
Instructions
Step 1
If the housing is not privatized, but your ex-husband, living separately, does not pay for utilities, do not rush to check out of it, then you cannot write it out without a trial, since according to Article 71 of the RF LC, the temporary absence of a family member of the employer does not entail for him loss of the right to use the apartment. But you can contact the municipality and demand that the non-privatized apartment be forcibly exchanged. If such an exchange is not possible, then you have the right to go to court with a claim to recognize your ex-husband as having lost the right to use the home. The reason for this can be considered his voluntary move to another room or apartment and the refusal of responsibilities for the maintenance of the disputed apartment. After receiving a positive judgment, you can resolve the issue with its extract.
Step 2
In the event that the apartment is in your ownership and was purchased by you even before marriage, the issue can be resolved faster. According to Art. 31 of the RF LCD, your spouse's ownership of this apartment terminates automatically at the time of divorce with you. You can dismiss your ex-husband from the apartment without his consent. Submit a claim for his eviction to the court, referring to Part 4 of Article 31 of the RF LC. Based on the court's decision, you will be able to discharge him from the apartment.
Step 3
It also happens that you lived and were registered with your husband in your relative's apartment. The apartment was owned by a relative, and he then gave it to you. In this case, you can also write your ex-husband out of it, since according to Article 292 of the Civil Code of the Russian Federation, the ownership right has passed to you, and this is the basis for the termination of the right to use this apartment by your ex-husband. You can also write it out on the basis of a court decision on eviction.
